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TERMS & CONDITIONS OF USE

Last Updated: September 23, 2022

Exact Sciences Corporation, a Delaware corporation (collectively with all of its subsidiaries, “Exact Sciences,” “we,” “us,” or “our”) offers this website, including its content and site functionality (the “Website”) to you (the “user” or “you”), subject to and conditioned on your acceptance of the Terms of Use set forth below, including our Privacy Policy (collectively, this “Agreement”).

By registering for and/or accessing, browsing, or otherwise using the Website, you acknowledge that you have read, understood and agree to be bound by this Agreement. Exact Sciences may, in its sole discretion, revise this Agreement from time to time by updating these Terms and Conditions of Use or the Privacy Policy, with the revised terms taking effect on the date of posting. Your continued use of the Website after the posting of such revisions constitutes your acceptance of the revised version of this Agreement. You should review this Agreement every time you use the website, as this Agreement is a legal contract binding on you. IF YOU DO NOT INTEND TO ACCEPT THIS AGREEMENT, PLEASE DO NOT USE THIS WEBSITE. Additional services identified on or available through Exact Sciences may be subject to additional terms separate from this Agreement.

 YOUR USE OF THE WEBSITE

Eligibility

Exact Sciences provides this Website for use only by persons located within the United States. Exact Sciences makes no representation that the Website or its content is appropriate or available for use in locations outside the United States.

YOU AGREE AND UNDERSTAND THAT EXACT SCIENCES IS NOT A MEDICAL PRACTICE AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IT IS YOUR RESPONSIBILITY TO SEEK DIAGNOSIS, TREATMENT AND ADVICE FROM QUALIFIED PROVIDERS BASED ON YOUR CONDITION AND PARTICULAR CIRCUMSTANCES.

You may use the Website for personal, noncommercial and lawful purposes. You may not exploit any aspect of the Website for any commercial purpose without prior written and signed authorization from Exact Sciences. You must comply with all state, local, national and international laws, rules and regulations that apply to the Website, your use of the Website, and any products or services you learn about on the Website or access through the Website.

Physician Portals

This Agreement shall apply to all Exact Sciences physician portals, including any features and services available via such portals (each physician portal, a “Portal”; collectively, the “Portals”). All references to the Website in this Agreement shall be deemed to include the Portals.

We intend for the Portals to be used only by qualified healthcare professionals (for purposes of this section of the Agreement, “you” and “Physicians”). Where allowed by applicable law and this Agreement, you may designate individuals to use the Portals on your behalf (each, a “Delegate”). You must comply with this Agreement when appointing a Delegate. Only Physicians and Delegates (collectively, “Authorized Users”) may access the Portals.

The Portals allow Authorized Users to order certain tests, procedures, or services and to access patient information, laboratory test results, relevant documentation, and other information. We may modify or discontinue any aspect of the Portals at any time and without notice.

AUTHORIZED USER RESPONSIBILITIES

You understand and agree that when you use the Portals you will have access to confidential, sensitive and personal information. It is your responsibility to comply with all international, federal, state, and local laws, regulations, directives, and guidance applicable to that information. In the U.S., applicable law includes the Health Insurance Portability and Accountability Act of 1996, as amended by the Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009, (collectively, “HIPAA”) and in the European Union, applicable law includes the EU General Data Protection Regulation. It is your responsibility to obtain any consents necessary to provide a patient’s personal or health-related information to us.

KEEP YOUR ACCOUNT AND INFORMATION SECURE

You will use a unique username and password to access the Portal. You are responsible for keeping your username and password confidential. You are also responsible for all uses of your account, including if performed by a Delegate – even if that Delegate is not considered an Authorized User. To maintain account security, we recommend that you change your password regularly and when you have any reason to believe that your password has been compromised. You must immediately notify us of any unauthorized access to your account, or if you suspect your account has been compromised. We will not manage or have access to your password, so we will not be able to retrieve it for you if you misplace it.
 
You agree that you are responsible for any misuse of your account, even if you are unaware of the misuse. You may also be liable to us or third parties for any misuse of the Portals through your account, including liability that arises under HIPAA and other applicable law. You must not use anyone else’s account unless you have his or her permission. You must not provide your password to anyone else, including any representative of Exact Sciences.
 
You agree that you are responsible for any further uses you make of the information accessed through the Portals.  For example, if you download, reproduce, or transfer such information to third parties, you are responsible for doing so responsibly and in a secure manner, and in compliance with your obligations under HIPAA and other applicable laws. 

PROPERLY AUTHORIZE DELEGATES
 You may authorize Delegates to access and use the Portals on your behalf. To authorize a Delegate, you must first ensure that your use of a Delegate is permitted under applicable law (which you agree is your responsibility to determine). If legally permitted, once you have selected a Delegate, you must notify us of your selection and complete any required paperwork. We will provide unique login information for your Delegate, which he or she may use only if the Delegate accepts this Agreement. You shall not provide the Delegate with your access credentials or login information.

PROPERLY RESTRICT DELEGATE’S USE OF THE PORTAL AND SERVICES
 By permitting a Delegate to access a Portal on your behalf, you agree that each Delegate:
 •  is currently employed by or under contract with you, or works for another member of the patient's clinical healthcare team;
 • has your personal authorization to access such Portal;
 • is accessing or providing information only as directed and instructed by you and consistent with the patient's express consent;
 • will use and disclose the test results and other information obtained through such Portal in compliance with applicable laws and policies; and
 • is accessing such Portal in an authorized manner and using his/her own unique account and credentials.
You are responsible for obtaining guidance regarding compliance with all applicable laws in your jurisdiction. We may refuse any test requisitions or submissions of Delegates that we believe may be illegal or improper at our sole discretion.

 
PROPERLY MONITOR DELEGATES’ USE OF THE SERVICES
 Because you are liable for the actions of your Delegates, you agree to ensure your Delegates have appropriate rights of access for the intended use of the Portals. You agree to document your laboratory test orders or other services in the patient’s medical file, even if a Delegate entered the order. We consider patient information we deliver to your Delegate to be delivered to you. Therefore, if you suspend or terminate your relationship with a Delegate or if you wish to suspend or terminate a Delegate’s authority to access a Portal on your behalf, you agree to inform us immediately.


DO NOT MISUSE PERSONAL OR PROPRIETARY INFORMATION OF OTHERS
 Protected health and personal information provided through the Services, such as test reports, patient information, and test requisition forms, may be used and distributed only for purposes of treatment, payment, or relevant healthcare operations.

Disclaimer of Warranties

THE WEBSITE DOES NOT MAKE ANY WARRANTY REGARDING EXACT SCIENCES' PRODUCTS OR SERVICES. THE WEBSITE IS PROVIDED: (1) WITH ALL FAULTS AS IS AND AS AVAILABLE; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING: FUNCTIONALITY; PRIVACY; SECURITY; ACCURACY; AVAILABILITY; REPAIRS; LACK OF: NEGLIGENCE, INTERRUPTION, VIRUSES OR OF OTHER HARMFUL CODE OR TRANSMISSIONS; OR THE NATURE OR CONSEQUENCES OF AVAILABLE CONTENT SUCH AS (WITHOUT LIMITATION) WHETHER SOFTWARE OR OTHER CONTENT IS SUBJECT TO ANY PARTICULAR LICENSE, OR WHETHER IT IS SUBJECT TO ANY RESTRICTIONS OR CONSEQUENCES THAT MIGHT BE TRIGGERED BY ANY EXERCISE OF A RIGHT GRANTED UNDER THESE TERMS. EXACT SCIENCES, OUR AFFILIATES, LICENSORS, SUPPLIERS, AND ADVERTISERS MAKE NO WARRANTY AND HEREBY DISCLAIM, WHETHER IMPLIED OR STATUTORY, ANY WARRANTY, INCLUDING ANY WARRANTY OF TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK, IN CONNECTION WITH YOUR USE OF THE WEBSITE, AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING, WITHOUT LIMITATION, THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING (WITHOUT LIMITATION) DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. FOR AVOIDANCE OF DOUBT, YOU AGREE THAT YOU MAY NOT RELY, AND EXACT SCIENCES WILL NOT BE LIABLE FOR YOUR RELIANCE, ON ANY INFORMATION OR OPINIONS EXPRESSED ON THIS WEBSITE. ANY OPINION OR INFORMATION PRESENTED ON THE WEBSITE IS FOR YOUR CONVENIENCE ONLY AND WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

IN NO EVENT WILL EXACT SCIENCES, OUR AFFILIATES, LICENSORS, SUPPLIERS, OR ADVERTISERS BE LIABLE FOR, AND YOU CANNOT RECOVER, ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EXACT SCIENCES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXACT SCIENCES WILL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED TEN U.S. DOLLARS ($10.00). THIS IS YOUR EXCLUSIVE REMEDY. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Indemnification

You agree to release, discharge, defend, indemnify and hold harmless Exact Sciences, its parents, subsidiaries, officers, directors, employees and agents, assigns, sponsors and supporting artists, licensors and suppliers from and against any claims, actions or demands, liabilities and settlements, including, without limitation, legal and accounting fees, related to or arising out of your use in any way of the Website, including any User Content (defined below) that you provide and any violations of this Agreement for which you are responsible. Exact Sciences will provide you with prompt notice of any such claim, suit or proceeding and reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Website Makes No Offers

Nothing in the website constitutes an offer. The Website, including (without limitation) information regarding prices and services, merely invites users to negotiate.

Prohibited Conduct

By using or accessing the Website, you represent, warrant and agree that you will not:

  • do anything that could disable, overburden or impair the proper working of the Website, including any interference with the servers or networks used to make the Website available or any violation of the requirements, procedures, policies, or regulations of such networks;
  • restrict or inhibit any person from rightfully using the Website;
  • transmit, post to, or make available through the Website any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
  • use any robot, spider, scraper or other automated means to access any portion of the Website;
  • reverse engineer, decompile, or disassemble any portion of the Website;
  • send spam or any other unauthorized advertisements or solicitations through or using the Website;
  • use an iFrame or offer web search functionality on the Website;
  • harvest, collect or use addresses, phone numbers or email addresses or other contact information of users of the Website;
  • solicit private information (including social security numbers, credit card numbers and passwords) from users of the Website;
  • impersonate any person or entity, including any moderator or any of our representatives, falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Website, or stating or implying that we endorse any statement you make or product or service you provide;
  • transmit, post to, or make available through the Website any content that is threatening, hateful, racially or ethnically offensive, or that depicts nudity, pornography or graphic or gratuitous violence, or anything else that Exact Sciences may consider offensive;
  • transmit, post to, or make available through the Website any addresses, phone numbers or email addresses or other contact information or private information of any third party or any content that violates the law or anyone’s rights, including intellectual property rights or other proprietary rights (such as rights of publicity and privacy);
  • transmit, post to, or make available through the Website any false, misleading or fraudulent information;
  • intimidate, harass, or violate the rights of any user or other person;
  • otherwise do anything that is illegal, infringing, fraudulent, malicious or could expose Exact Sciences or users of the Website to harm or liability; or
  • attempt, encourage or facilitate any of the above.

Making User Content Available

“User Content” is any information, graphic, text, image, software, sound file, video, communication, data, metadata, photograph, compilation, work in any form or medium, technology (whether now known or later developed) and other materials that are uploaded, submitted, posted, transmitted, modified, linked, shared, stored or otherwise made available to or on the Website, or other third-party services, applications, websites, and/or platforms (collectively, "Third-Party Platforms") by you or other users of the Website or such Third-Party Platforms. You are responsible for all User Content that you upload, submit, post, transmit, modify, link, share, store or otherwise make available to the Website or Third-Party Platforms. You represent and warrant that you own or otherwise control any and all rights in and to the User Content that you upload, submit, post, transmit, modify, link, share, store or otherwise make available and that public posting and use of that User Content by us will not infringe or violate the rights of any third party in any manner. The Third-Party Platforms may have their own terms and conditions of use that apply to your User Content, and you are encouraged to review such terms.
 
In most instances, we do not claim ownership of your User Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such User Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Exact Sciences products or services and on Third-Party Platforms), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entity. You agree that submission of User Content does not establish any relationship of trust and confidence between you and us, and that you have no expectation of compensation whatsoever.
 
You further acknowledge and agree that third parties who provide services to Exact Sciences may have access to your User Content and use it in connection with their policies and practices and subject to any agreement they may have with Exact Sciences.
 
You further acknowledge that aspects of the Website or Third-Party Platforms may be “public.” In addition to the rights granted to us and our service providers, your use of the Website or Third-Party Platforms may allow other users to have access to your User Content which they might copy, modify, distribute, or rely upon even without your express permission to engage in that conduct. Further, you agree to evaluate, and bear all risks associated with, the use of any User Content, including reliance on the accuracy, completeness or usefulness of User Content and any risk that others may be able to identify you based on your User Content.
 
You further acknowledge that, while using the Website or Third-Party Platforms, you may upload User Content that may be deemed personal information or protected health information. Please note that our collection or use of your personal information may be governed by a separate privacy notice or Exact Sciences’ Privacy Policy. Our uses and disclosures of protected health information governed by the HIPPA are explained in our HIPAA Notice. If you are a California resident, we will process that information according to our Privacy Notice for California Residents. If you receive a different notice at the time we collect your personal information, that privacy notice will govern how we use that personal information.
 

Right to Remove User Content or Block Access

Exact Sciences or its designees, at Exact Sciences’ discretion, without any obligation and without notice at any time, may screen, filter, restrict, block, move, refuse, disable access to, remove, or modify User Content that constitutes prohibited conduct under the Prohibited Conduct guidelines described in this Agreement or is otherwise objectionable. Exact Sciences may also block your access to the Website in the event that (a) you breach this Agreement; (b) we are unable to verify or authenticate information you provide to Exact Sciences; (c) we believe that your actions may cause financial loss or legal liability for you, users of the Website, or us; or (d) we believe that blocking access is a reasonable business practice in the circumstances.

We do not guarantee that any content or information you share or access will not be removed, damaged, corrupted, lost, or unavailable. We recommend that you back up any User Content that you store or access using the Website.

Third Party Content and Links

Exact Sciences may make available links to websites operated by third parties, including advertisers. Making available any link to a website does not imply endorsement by Exact Sciences of that website or the products or services available through that website; the link for your reference and convenience only. Products, services, and content offered through linked websites are subject to the terms and conditions made available by those respective websites, and the data collection practices of linked websites will be governed by the respective privacy policies of those websites, not by ours. Following links to any other websites or web-based services is at your own risk, and any claims you have with respect to products, services, or content accessed through linked websites are claims against third parties, not against Exact Sciences.

Exact Sciences also may post or otherwise provide content of third parties (“Third Party Content”) as a service to those that might be interested in this information. Exact Sciences does not warrant, guarantee, or endorse the accuracy, completeness, legality, or innocuousness of any Third Party Content. Exact Sciences is not responsible for updating or reviewing Third Party Content. You use Third Party Content at your own risk.

The user agrees that Exact Sciences is not responsible for examining or evaluating the content or accuracy, and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. The user agrees to not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Exact Sciences is in no way responsible for any such use by the user.

 

COPYRIGHTS AND OTHER NOTICES

Exact Sciences and its licensors retain full copyright ownership, rights and protection in all material contained on the Website (including all text, digital images, video, software, HTML code and other code, or business methods) with the exception of User Content. Except as otherwise expressly provided in this Agreement, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer or sell any material contained on the Website without the prior written consent of Exact Sciences or the copyright owner.

All content of the Website is Copyright 2021 Exact Sciences and its licensors. All rights reserved.

Copyright Infringement

If you are the owner of a United States copyright and you believe that your work has been copied on this Website in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the following information:

(A) a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(B) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(C) a description of where the material that you claim is infringing is located on the website;

(D) your address, telephone number, and email address;

(E) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

(F) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act in the copyright or intellectual property owner’s behalf.

Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail: Jennifer Duke, 101 Galveston Dr., Redwood City, CA 94063

By phone: 650.569.2045

By email: [email protected]

Corporate Identification and Trademarks

All trademarks, service marks and trade names of Exact Sciences, its partners and licensors (including without limitation: Exact Sciences, the Exact Sciences logo, and the associated designs and logos) (collectively “Marks”) are trademarks or registered trademarks of Exact Sciences or its affiliates, partners or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without Exact Science’s prior written consent. The use of the Marks on any other website or networked computer environment is not allowed. You may not use the Marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance.

Notices

Exact Sciences may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Website, or by written communication delivered by first class U.S. mail.

You may give notice to Exact Sciences at any time by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:

Exact Sciences Corporation
5505 Endeavor Lane
Madison, WI 53719

Termination; Limitations on Access to the Website

You may use the Website if and when it is available. Features may be unavailable or the experience may not be the same for every user at all times. Exact Sciences does not guarantee availability of any aspect of the Website or any particular feature. We reserve the right to change, remove, delete, restrict or block access to, or stop providing all or any part of the Website (including reducing available storage capacity, if any, and removing any of the content contained in the Website) at any time without notice.

You agree that we may terminate your use of the Website if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of this Agreement, or violated the rights of Exact Sciences or any third party, or for any other reason with or without notice to you.

General Provisions

This Agreement is governed by the laws of the State of Wisconsin, without regard to conflict of law principles. You expressly agree that exclusive jurisdiction for any dispute with Exact Sciences or in any way relating to your use of the Website (“Legal Action”) resides in the state and federal courts located in Dane County in the State of Wisconsin. You further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts located in Dane County in the State of Wisconsin in connection with any such dispute.

If a court of competent jurisdiction holds any term, covenant or restriction of this Agreement to be illegal, invalid or unenforceable, the remaining terms, covenants and restrictions will remain in full force and effect and will in no way be affected, impaired or invalidated.

The headings titles in this Agreement are provided solely for convenience and have no legal or contractual significance.

No waiver of any provision of this Agreement will be effective unless it is in a signed writing, and no waiver will constitute a waiver of any other provision(s) or of the same provision on another occasion.

Exact Sciences will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or war.

Exact Sciences retains the right to assign its rights, privileges, responsibilities, and obligations, as identified in this Agreement or in other documents, to a third party, in whole or in part, for administration, technical support, marketing, or any other purpose at any time.

The information provided on the page is intended solely for US visitors.